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', Erdiansyah
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PENEGAKAN HUKUM TINDAK PIDANA KEHUTANAN DI WILAYAH HUKUM KEPOLISIAN RESOR INDRAGIRI HULU BERDASARKAN UNDANG-UNDANG NOMOR 41 TAHUN 1999 TENTANG KEHUTANAN Giovani Barutu, Andi Matias; Yophie, Syaifullah; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Forest of state asset which is very worth, which its existence ought to under the aegis of state, pursuant to matter of hence government release regulation Number 41 Year 1999 about Forestry and of other regulation to protecting it. But in reality of straightening of law of the regulation not walk better because many resistanceThis type research can be classified in type research of empirical yuridis. Research of empirical yuridis is form or infusion of real penal research result or according to fact which is life in peopole. This research is conducted by in Police of Resor Indragiri Hulu. while and population of sample to represent the overall of side related to problem of accurate in this research. Source of used data, primary data, data of sekunder, and data of tertier. Technique data collecting in this research with interview, library study, and obsrvasi later then with analysing and process data qualitative and yield data of deskriktif later then take conclusion inductively.From result of research there is how much matter able to be concluded among others is the straightening of forestry doing an injustice law by Police of Resor Indragiri Hulu which not yet walked better because regional broadness of Sub-Province of Indragiri Hulu, limitation of government officer, peratuan pursuing investigation process, the increasing of modus of opradi, its minim of facilities and basic facilities, culture of society, existence of government officer oknum protecting perpetrator of forestry doing an injustice. As for conducted effort that is, for example is first, performing a special education to investigator, second, co-ordinate with Police of Forestry, third, doing of razia
PEMBERIAN JASA HUKUM DALAM PERKARA PIDANA OLEH ADVOKAT YANG BELUM TERDAFTAR BERDASARKAN UNDANG-UNDANG NOMOR 18 TAHUN 2003 TENTANG ADVOKAT DAN PUTUSAN MAHKAMAH KONSTITUSI NOMOR 6 TAHUN 2004 Buana, Kelbi Fadila; Indra, Mexsasai; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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Registered and unregistered advocates are one of the law enforcers who are assigned to provide legal aid or legal services to people facing legal issues. In article 1, paragraph 1 of the Law of 2003 on advocacy explains that in carrying out its duties advocates include good work done in court (litigation) or out of court (non ligitasi). For unregistered advocates can provide legal services with non-litigation task that is outside the court such as providing consultation, mediation and so forth. The purpose of this study is to determine the regulation of legal services in criminal cases by advocates who have not registered under Law No. 18 of 2003 on Advocates and Decisions of the Constitutional Court Number 6 Year 2004 and to determine the form of responsibility of providing legal services in criminal cases by advocates who Has not been registered pursuant to Law Number 18 Year 2003 regarding Advocate and Constitutional Court Decision Number 6 Year 2004.This type of research is normative legal research that focuses on the level of legal syncrosion with document studies about the provision of legal services in criminal cases by advocates who have not registered under Law No. 18 of 2003 on Advocates and Decisions of the Constitutional Court Number 6 Year 2004 while when viewed fromtThe nature of this research is descriptive. This research uses secondary data that has been so.The result of this study is the regulation of providing legal services in criminal cases by advocates who have not registered under Law No. 18 of 2003 on Advocates and Constitutional Court Decision Number 6 of 2004 that the provision of legal services is not limited only by advocates, especially legal services outside the court. In the verdict, it does not merely express non binding provisions of Article 31 but also at the same time removes restrictions that only advocates are allowed to practice legal services. Outside advocates are not prohibited to provide legal services as long as the interests require and not contrary to the laws and regulations. The form of accountability for the provision of legal services in a criminal case by an advocate who has not been registered pursuant to Law Number 18 Year 2003 regarding Advocate is in the form of oral reprimands, written warning, temporary discharge from his profession for 3 (three) to 12 (twelve) months and permanent dismissal of his profession. Based on the decision of the Constitutional Court Number 6 Year 2004 adjusted to Law Number 18 Year 2003 regarding Advocate.Keywords: Legal services, unregistered advocates.
PENERAPAN DIVERSI PENYELESAIAN ALTERNATIF PERKARA ANAK DI KEPOLISIAN RESOR KOTA PEKANBARU BERDASARKANUNDANG-UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK Nidya, Dea; Firdaus, Emilda; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Child is someone who is not yet eighteen years old, including child who is still in the womb. In the case of children who has problems in the law is known by a way of diversion. Diversion istransfering problems of a child from the settlement of the criminal justice process to the outside of the criminal justice process. It is stipulated in Article 1 paragraph (7) of Law Number 11 Year 2012 on Child Criminal Justice System. The research objective of this minithesis, among others; First, to determine implementation of diversion Pekanbaru City Police, Second, To know the barriers that are faced Pekanbaru City Police, Third, To know the efforts of City Police Pekanbaru.This type of research can be classified in type of sociological research (empirical), because in this study the author directly conducts research on the locations or the places that are researched in order to give a complete and clear overview of the issues that areresearched. This research was conducted in the Pekanbaru City Police, while the population and the sample are all of the part that related withthis research, the data source is used, among others, the primary data, the secondary data, and the tertiary data, data collection techniques interview and literature. From the research, there are three fundamental problems that can be concluded.First, diversionary application in Pekanbaru City Police has been implemented according to procedures of an applicable law, it is just not running properly like is regulated in Law.Second, barriers which are faced Pekanbaru City Police in implementing diversion in cases of children in a conflict with the law, among others,factor of an identity, factor of a child psychology, awareness of law of citizens factor,law enforcement officials factor such as increasing knowledge and increasing thequality of investigators children.Thesuggestions, First,Enacting and implementing diversion in accordance with the Law.Second, adding children investigators especially woman investigator. Third, Creating a special room special examinations of children and child custody.Keywords: Implementing – Diversion – Children
Penegakan Hukum Piidana dallam Proses Pemeriiksaan Tiillang Berdasarkan Undang-Undang Nomor 22 Tahun 2009 Tentang Lallu Liintas dan Angkutan Jallan dii Kota Pekanbaru ', Safrudin; Haryono, Dodi; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Abstract

Traffic violations often occur in various places, not just in Pekanbaru, but in nearly all parts of Indonesia, therefore, in the latest Formulate Law No. 22 of 2009 concerning road traffic and transport, law enforcement in the criminal investigation process ticketed under the Law No. 22 of 2009 on Traffic and Road Transportation in the city of Pekanbaru is still not in accordance with the laws and regulations No. 22 of 2009, because there are many traffic violators ticketed in the settlement process is done outside the court or pay on the spot, by bribing the police, the level of pekanbaru city public compliance is very low in traffic, almost every day of the traffic violation, constraints that occur in criminal law enforcement in the investigation process ticketed still lack of awareness, discipline, and lack of socialization of the Act, and the sanctions are mild and the efforts made to overcome these obstacles the traffic police continue to disseminate the law and crack down on speeding ticket fines and sanctions against motorists who violate traffic.Keyword: Criminal Law Enforcement - Ticketed Examination Process - Traffic
PERLINDUNGAN HUKUM TERHADAP WARTAWAN YANG MENGALAMI TINDAK PIDANA KEKERASAN DALAM MENJALANKAN TUGAS PROFESI Elfrida, Eisabet Sri; Indra, Mexsasai; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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The development of mass media today is growing rapidly to be accepted and consumed by the public, whether news that smells negative or positive. The press and mass media are also very supportive for the success of development and the achievement of a just and prosperous society based on Pancasila in addition to the facilities that support the implementation of other development.As for the problems in this research is the cause of violent crime against journalists who are carrying out duties and professions. The legal rules concerning violent crime committed against journalists who are carrying out their duties and profession and legal protection against journalists who are subjected to criminal acts of violence in carrying out duties according to the Criminal Code and Law No. 40 of 1999. This research includes research normative law, including research on the inventory of positive law, legal principles, clinical law research, systematic legislation, synchronization of a legislation, legal history and comparative law.Legal arrangements against journalists of criminal acts of violence in performing professional duties Article 28 of the 1945 Constitution. Law Number 40 Year 1999 concerning the Press. Law Number 39 Year 1999 on Human Rights. Causes of violence against journalists are Internal Factors, Weak Regulation, Changes in legislation, Incompetence of journalists, Standards competence of journalists against changes in the laws of the press. External factors. Perpetrator of Persecution Not Understanding Journalist is a Profession Protected by Law and Constitution. Journalists who do not work in accordance with journalistic code of ethics and Law no. 40 of 1999. Press companies that have not been total in defending journalists. Criminal law policy against journalists in performing professional duties, namely: Penal Penal path, namely by applying criminal law (criminal law application). Non Penal The non penal path is done in a way that is: prevention without punishment, including the imposition of administrative sanctions and criminal and civil sanctions. Affects the public's view of crime and mass media development (influencing views of society on crime and punishment).Keywords: Legal Protection, Journalist-Crime of Violence, -Executing Profession Duties
PENGATURAN PENYELESAIAN PELANGGARAN OLEH MEDIA MASSA TERHADAP PEMBERITAAN IDENTITAS ANAK YANG BERHADAPAN DENGAN HUKUM Wati, Rita; Firdaus, Emilda; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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Press in performing journalistic has the indepedence and freedom in the search for, acquire, store, process and convey information to the public to pay attention to children’s rights, because the news of the identity of the child in both the media print and electronic media could have an impact not good for the growth and development of children physically, mentally or socially. The rule of law that gives sanction to the mass media or press a violation has been significantly reinforced in the law number 40 of 1999 on the press. The purpose of this research is to know how the actual settlement and sanction in case of violations committed by the media towards releasing the identity of the children in conflict with the law. The results on this study that settlemen can be trough Article 5 of the right to respond and Article 15 on the press council, as well as snction against the mass media is in violation of criminal sanctions fine of reprimands, a warning or moral sanction an apology publicly. The effort, which is expected that the media or press in this news should respect the rights and obligation to disseminate information or news accurately and balanced. In the sanction of law number 40 of 1999 on the press to clarify the position of the pers in the eyes of the law to the justice and legal certainty.Key words: Children - Press - Violations - Sanction
PELAKSANAAN PENERAPAN DENDA TILANG BAGI PELANGGAR LALU LINTAS MENURUT UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN DI PENGADILAN NEGERI PEKANBARU Z, Riduan; Haryono, Dodi; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Traffic violations often occur in various places, not just in Pekanbaru, but almost in all regions of Indonesia, Act No. 22 of 2009 about traffic and road transport, in the implementation of the final cost is still not running optimally, it is related to traffic offences, for example not to wear a helmet, or not using a seat belt that occur in everyday life. Results achieved in this study that in the application of fines speeding tickets for traffic violations and Court in your State road transport Soweto according to Act No. 22 of 2009 about traffic and road transport, is still not running optimally, the reality of the situation in the application of fines speeding tickets do not seseuai with the existing legislation, although Act No. 22 has long been enacted, for example someone who got speeding tickets by Polantas because it does not carry a license plate Number of the vehicle (VEHICLE REGISTRATION) If following the law number 22 Years 2009 should he pay a fine of Rp 250,000, a speeding ticket but after following the trial only Rp. 50.000,-for two wheels, four wheels as for Rp 80,000,-and a six-wheel for over 100,000, application of fines tilang differences that now the District Court in pekanbaru, skyrocket by economic, that is not yet ready will cost fines so great for diterapan, so that the State Court judge pekanbaru in deciding fines speeding tickets is still not in accordance with the legislation Number 22 in 2009 about traffic and roads.
Penerapan Pasal 3 Undang-Undang Nomor 31 Tahun 1999 Tentang Pemberantasan Tindak Pidana Korupsi Sebagaimana Telah Diubah Dengan Undang-Undang Nomor 20 Tahun 2001 Tentang Perubahan Atas Undang-Undang Nomor 31 Tahun 1999 Tentang Pemberantasan Tindak Pidana Korupsi Terhadap Tindak Pidana Perpajakan (Analisis Putusan Pengadilan Tindak Pidana Korupsi pada Pengadilan Negeri Medan Nomor: 02/Pid.Sus-TPK/2015/PN.Mdn Haq, Dara Jayanita; Indra, Mexsasai; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Corruption is sub-ordination to the public interest for personal goals that include violations of norms, onus, and general well-being, accompanied with secrecy, betrayal, deception, and unconcerned about suffering of the communities. Tax crime is an act that violates the laws which give rise to state loses tax revenue which the person is threatened with criminal penalties. Corruption is lex specialist derogat legi generali so that corruption cases should be examined based on the laws of corruption. Tax crime is lex specialist systematic, so tax crime case must be examined and decided upon by the tax laws. A tax levied by the Civil Service but not paid to the state treasury is more specific crime of corruption. Legal certainty is required to define more precise rules to be applied uniformly.Application of the Article 3 of Law Number 31 of 1999 on Corruption Act as amended by Act Number 20 of 2001 on the Amendment Act Number 31 of 1999 on Corruption Eradication in the decision No. 02/Pid.Sus-TPK/2015/PN.Mdn at the Corruption Court on Medan District Court is not appropriate for violating the principle of lex specialist systematic, and tax crime can be qualified as criminal acts of corruption as defined in Article 3 of Law Number 31 of 1999 on Corruption Act as amended by Act Number 20 of 2001 on the Amendment of Act Number 31 of 1999 on the Eradication of Corruption.
TINJAUAN YURIDIS MENGENAI PENGANGKATAN PENYELIDIK DAN PENYIDIK PADA KOMISI PEMBERANTASAN KORUPSI (STUDI KASUS PUTUSAN PRA PERADILAN NOMOR 36/Pid.Prap/2015/PN.Jkt.Sel) SIRINGORINGO, JASTIN MIKSONDES; ', Erdianto; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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One of the new legal institutions created in the book of the law of criminal procedure is the Pretrial, then from that point on, the exsistence of chaotic appointment about some investigating officer in police of Republic of Indonesia by the Corruption Eradication Commission which becomes a prolonged polemic for the agencies concerned and the investigating officer’s appointment were not from police institution. Within the case Hadi Poernomo as the petitioner submit pretrial petition towards the appointment onsidered contrary the point because is not present in the code of criminal procedure which is detrimental for him towards investigation and investigating officer that have been carried out. The purpose of the writing of this scription is to know: First, investigation and investigation officer‘s appointment in pretrial petition Number 36/Pid.Prap/2015/PN.Jkt.Sel. Second, the appointment process of investigation and investigating officer in corruption eradication commision in case Number 36/Pid.Prap/2015/PN.Jkt.Sel already appropriate in prespective Integrated Criminal Justice System. Third, the legal consequences of the investigation and investigating officer‘s appointment in corruption eradication commision in pretrial petition Number 36/Pid.Prap/2015/PN.Jkt.Sel.This research used kind of normative because reviewing pretrial petition by Hadi Poernomo in case Number 36/Pid.Prap/2015/PN.Jkt.Sel that include the approach to cases, legislation and conceptual. Technique for collecting and processing of legal materials in the writing of this scription is to collect legal materials of primary and secondary legal materials, which are then carried out an inventory and analysis of both the primary legal materials nor secondary law materialsBased on the result, there are three main things that can be concluded. First, based on the code of criminal procedure valid until nowdays calrify that Corruption Eradication commision does not have authory to make appointment about the investigation and investigating officer who did not come from the institution Indonesian National Police and the Attorney General of the Republic of Indonesia. Second,according to the perspective of the Integrated Criminal Justice System, the authority of the Corruption Eradication Commision to conduct the appointment of investigation and investigating officer in the case Number 36/ Pid.Prap/2015/ PN.Jkt.Sel is not appropriate because according to the law it is a deviation from the provisions applicable for the on going Integrated Criminal Justice System. Third, the appointment of investigator and investigating officer at the Corruption Eradication Commission in case Number 36 / Pid.Prap / 2015 / PN.Jkt.Sel that deviate from the Code of Criminal Procedure Code and Law Number 30 Year 2002 on Eradication Commission Corruption itself, then the activities of inquiries and investigations that have been carried out is an activity that resulted in formal defect such activities become null and void.Keywords : Investigation – Investigating officer – Pretrial
PROBLEMATIKA KEWENANGAN PENUNTUTAN ANTARA KEJAKSAAN DAN KOMISI PEMBERANTASAN KORUPSI DIKAITKAN DENGAN SISTEM PERADILAN PIDANA Ginting, Jonta; ', Erdianto; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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Corruption is one of the most fundamental constraints experienced by theIndonesian state. Prosecution of corruption committed by these two institutionsoften make it difficult for law enforcement efforts against corruption. Because it isnot clearly regulated the authority limits both institutions. As well as the unclearposition of the Commission in the Criminal Justice System Indonesia,. Thepurpose of this thesis, namely: First, to know the problems of prosecutorialpowers between the Prosecutor and the Corruption Eradication Commissionassociated with the criminal justice system. Secondly, To know the authority of theCorruption Eradication Commission in the prosecution of corruption associatedwith the criminal justice system. Third, to determine the position Prosecutor andCorruption Eradication Commission in corruption associated with the criminaljustice system.This type of research can be classified into types of normative juridicalresearch, because in this study the authors conducted a study of the legislation onthe subject under study. In this study the source of the data used primary data,secondary data, and the data tertiary data collection techniques in this research isthe study of literature.From this research, there are three main conclusions. First, thereoverlapping authority and conflicts of interest between the Prosecutor and theCorruption Eradication Commission. Secondly, the Corruption EradicationCommission is authorized to prosecute corruption cases. Third, that theProsecutor and the Corruption Eradication Commission has not been clearlyregulated and the position in the Indonesian criminal justice system,Suggestions writer, first, that need to be regulated in the Act regardinglimitation prosecutorial powers between the Prosecutor and the CorruptionEradication Commission. Second, that the eradication of corruption, especially inthe field of prosecution Anticorruption Commission is authorized to conduct theprosecution as stipulated in Law Number 30 of 2002, Three, that needs to beclearly on the positions of the Prosecutor and the Anticorruption commission inthe criminal justice system of Indonesia, so as not to cause a variety of problemsand in the prosecution of corruption.Keywords: Prosecution, Corruption, Prosecutor, Corruption EradicationCommission
Co-Authors ', Erdianto ', Firdaus Abdillah, Muhammad Fadil Ananta, Bella Andi Matias Giovani Barutu Annisa, Fitri Ariadi Mandala Putra Ariska, Rafosa Beauty. M, Conny Bobby Ferly Buana, Kelbi Fadila Destanesia, Annisa Dodi Haryono Dondy Permana Putra, Dondy Permana Elfrida, Eisabet Sri Emilda Firdaus Erdianto Effendi Febby Rahmad Reha, Febby Rahmad Ferdian, Wan Gilang Fitri Ramadani Ginting, Jonta H, PATAR ALEXANDER Haq, Dara Jayanita Hardianti N, Ririn Hasan Basri Indra Haposan Irvani Nadya, Irvani Jhon Tua Kalfin Saputra Simanjuntak Lamtiar Silaban Marsela, Sharah Mexsasai Indra Muhammad Khairul Mukhlis R Nidya, Dea Perancis Sihite, Perancis Premita Yulianda Purwitosari, Dyah Purwoko, Agus Reza Agustino Rido Tri Sandi Rambe, Rido Tri Riduan Z Rika Lestari Rini, Devi Seftia Rita Wati, Rita Rizki Anlapater safrudin - Sania, Ayu Santi Sirait Setio, Heri Anjar Singgih Warsito Kurniawan SIRINGORINGO, JASTIN MIKSONDES Situmeang, Melisa Syaifullah Yophi Ardiyanto Tri Novianti, Tri Tuffemili, Freddy